The Dangerous Powers Obama Left in Trump’s Hands

President-elect Donald Trump has expressed a near-autocratic view of executive authority, leading many to worry that he will play fast and loose with the laws that protect Americans’ freedoms. After 9/11, our nation had a taste of this approach, as President George W. Bush claimed he was not bound by statutes or treaties when acting to protect the nation. President Barack Obama rejected that view, maintaining that the president, like everyone else, must obey the law.

But there is another side to this admirable aspect of Obama’s legacy. With the notable exception of torture, in restoring the rule of law, he did not actually renounce Bush’s extraordinarily broad vision of executive power. Instead, Obama sought to put it on firmer legal footing—sometimes with help from Congress or the courts, sometimes simply by articulating a legal justification for government actions.

This choice may prove to have fateful consequences. By buttressing with legal authority some of the most breathtaking powers asserted under Bush, Obama paradoxically may have made it easier for Trump to abuse them. This risk will be particularly acute in the following four areas:

The National Security Agency’s (NSA) warrantless wiretapping program was one of the Bush administration’s greatest scandals. Yet instead of decrying this lawless conduct, Congress essentially legalized it. The FISA (Foreign Intelligence Surveillance Act) Amendments Act of 2008 allows the NSA to collect communications between Americans and foreigners without a warrant, as long as the agency certifies that the foreigner—not the American—is the “target” of the surveillance (a designation requiring no showing of wrongdoing).

As a senator, Obama voted for the law, and as president, he supported its reauthorization. In 2011, his administration greatly expanded its reach by obtaining permission from the secret FISA Court for FBI agents to search the communications collected by the NSA for information about Americans.

This “backdoor search” authority gives Trump a potent tool for surveillance of innocent Americans. How might he use it? Trump has expressly called for more surveillance of Muslim communities. Moreover, he makes no secret of his grudges against political opponents, and his surrogates have questioned the legitimacy of peaceful political protests. One could easily imagine a Trump FBI mining the NSA’s massive data haul for information to use against vulnerable minorities, political dissidents, and personal enemies.

Indefinite detention

The Bush administration initiated the indefinite detention without trial of terrorist suspects at Guantánamo Bay. Obama abandoned Bush’s claim that the Constitution inherently authorized such detention, and he pledged to close the facility. But he did not disclaim the authority to hold people indefinitely as “enemy combatants” based on extremely loose criteria. He opposed lawsuits by detainees seeking release, citing the 2001 Authorization for Use of Military Force (AUMF) as legal justification for their imprisonment.

Having failed to close Guantánamo, Obama’s legal defense of indefinite detention could now serve as a green light for Trump’s plan to repopulate the prison. The broad definition of “enemy combatant” espoused by Obama’s Justice Department and endorsed by the courts—notwithstanding the AUMF’s narrow focus on people and groups involved in the 9/11 attacks— gives Trump enormous leeway. He could potentially imprison not merely foreign Al Qaeda or Taliban fighters, but Americans who are deemed to “support” a wide array of international terrorist groups.

Targeted killings

The Bush administration employed drones to kill suspected members of enemy forces overseas without disclosing its legal process or justification. The Obama administration, while vastly expanding the use of drones, created an intricate system of internal review and crafted legal memoranda to support the practice. But Trump could abandon this review process altogether. As for the Obama administration’s legal analysis, scholars have criticized it for distorting domestic and international law.

Under the Obama administration’s legal interpretation, Trump’s use of drones will not be constrained to active theaters of war. His targets may include American citizens—a precedent set under Obama. Although Americans may be targeted only if they pose an “imminent” threat and capture is “infeasible,” an imminent threat may be assumed based on the target’s level of involvement with terrorism, and capture may be deemed infeasible if it would pose “undue” safety risks.

These interpretations could give Trump extraordinary license to use lethal force against Americans. Obama appears not to have made extensive use of that license. It is far from clear that Trump will exercise the same self-restraint.

Espionage Act prosecutions

The Bush administration used the Espionage Act, a law intended to punish spies and traitors, to intimidate and occasionally prosecute government employees who leaked information about national security matters to the media. To the surprise of many, the Obama administration doubled down on this practice, prosecuting more media leak cases than all former administrations combined—including several cases in which the defendants had sought to blow the whistle on executive abuses of power—and normalizing this unorthodox use of the law.

Moreover, in seeking access to Fox News reporter James Rosen’s e-mails to determine the source of leaks, Obama’s Justice Department did something unprecedented: It accused Rosen of conspiring to violate the Espionage Act. Although the department later renounced any intent to use the law against journalists, its actions opened the door to the prosecution of reporters who disclose leaked information about government misconduct.

There is ample reason to fear that Trump, who is openly hostile toward the media, will charge through that door. The expansive view of the Espionage Act put forward by Bush and Obama and endorsed by the courts will smooth his path.

A risky gamble

A clear lesson emerges from these examples. The Bush administration’s views of executive authority were dangerous, not only because they purported to justify conduct that was plainly illegal, but because they countenanced the exercise of enormous powers over the lives and freedoms of citizens. In giving these powers legal sanction, the Obama administration, Congress, and the courts were trusting that presidents would exercise them wisely. That was a risky gamble.

Going forward, it is not enough to ask whether Trump is obeying the law. We must also ask whether he is exercising the formidable authorities he will inherit in a manner that is consistent with our rights, liberties, and values. And we must begin a long overdue examination of whether the far-reaching view of executive power that has triumphed in the post-9/11 era will best serve our constitutional democracy under the Trump administration and administrations to come.

Elizabeth Goitein is the co-director of the Liberty and National Security program at the Brennan Center for Justice at NYU School of Law.

Source: http://fortune.com/2017/01/18/obama-trump-abuse-executive-powers-presidency/

Trent Boult: Short-pitched bowling valuable skill for fast bowlers

The recently-concluded first Test between Bangladesh and New Zealand was one of the most bizarre contests. Who would have thought the visitors could lose it after posting 595 runs on the board in their first innings? It was largely possible due to exceptional display of seam and swing bowling by the New Zealand pacers in the second innings, who skittled their opponents for a paltry 160 in the second to script a fascinating finish to the Wellington Test. Trent Boult, who was the pick of the bowlers in the second innings with his 3 wickets, recently spoke about the skills the Kiwi pace attack is equipped with.

Boult spoke about how valuable a skill is short-pitch bowling and how important it is to have reverse swing added to the armoury of his side’s well-balanced attack. “A big positive from the Test match was that we got the ball to reverse swing eventually,” Boult was quoted as saying by ESPNCricinfo. “Australia, the last time they came, taught us a lesson on ways to bowl sides out on flat wickets.” The left-armer also added that the ability to bowl short deliveries was an asset to a bowling attack because it effectively made the full deliveries more dangerous.

“I think the short ball is a valuable skill for a fast bowler. I think people have to realise why we are bowling short in the first place. It is to upset the batsman and get them struck on the crease to make the fuller ball more effective. When you are bowling a short ball it is definitely not with the intention of hurting the batsman but to make your other skills more effective. I think it is a method that we have been using successfully for a while. I am sure there will be short-pitched bowling among the group, looking to put pressure on the opponents.”

Boult was referring to the incident where Bangladesh skipper Mushfiqur Rahim retired hurt in the second innings after he was hit on the head by a bouncer from Tim Southee. Boult defended his team’s prolonged tactic to unleash a barrage of short-pitched bowling on the diminutive batsman. “I think it depends on how the opposition played it. I think you are trying to read how uncomfortable they are feeling and the game plan they are bringing towards it. The Australians have played it quite nicely. So you have to quickly change your plans.”

At the same time, Boult also praised Bangladesh batsmen’s ability to cope with such bowling. “It is a bit intimidating facing a barrage of short-pitched bowling. They played it nicely,”

Tamim Iqbal, who will be standing in as captain at Hagley Oval in Mushfiqur’s absence, also said there was no reason to complain over the short deliveries. “I think short ball is part of the game. I can’t really complain about it,” he said. “If we feel that a certain batsman is not comfortable, we might use those tactics. It is fair game. I said in the last press conference, we expect these things in this part of the world. When New Zealand or any other team go to our conditions, they expect spin. I am sure they don’t complain about the ball spinning too much so why should we complain about bouncers?”

Source: http://www.cricketcountry.com/news/trent-boult-short-pitched-bowling-valuable-skill-for-fast-bowlers-568209

Archaeologists just found a medieval horse’s head at the Colossseum

A horse’s head isn’t generally a good omen in Italy – or at least, not in Italy-based movie franchise The Godfather. But archaeologists at Rome’s Colosseum were delighted to stumble across a medieval equine skull on Tuesday.

The find was made while cleaning the area around the steps to the monument’s basement, Rome’s Superintendent for Archaeology Francesco Prosperetti said.

The horse’s skull dates back to between the 12th and 13th centuries, according to an initial analysis by an archaeozoologist.

However, further tests will have to be carried out to reveal crucial information about the horse’s age, state of health, and to give clues as to what it was doing at the amphitheatre.

The skull and bones are shown towards the end of the video below.

Plenty of animal remains have been found in the area around the Rome monument, with many on display in its museum.

Source: http://www.thelocal.it/20170119/archaeologists-just-found-a-medieval-horses-head-at-the-colossseum

Young mum’s voice hits a chord with the nation

A young mum who believed she had no talent has unlocked her voice to capture the nation.

Wellington woman Sianne Dougherty gave an impromptu performance to TVNZ’s Te Karere showcasing what her raw talent was capable of.

She covered the Maori song Haumanu by artists Maisey Rika and Tama Waipara.

Since the video surfaced on Facebook on Tuesday it’s reached more than 10,000 likes and had been shared more than 3,500 times.

She said her teachers had recognised her talent and encouraged her to pursue singing.

“The teachers really pushed me to really show what I had inside me, to show my talent,” she told TVNZ’s Te Karere.

“I didn’t even know I had any talent but obviously they could see it and they nurtured it.”

Dougherty’s voice had already struck a cord with Kiwi reggae bands Katchafire and Sammy J who she had opened for during tours.

When Dougherty was 17 years old she gave birth to a baby girl. She said since then there had been plenty of ups and downs balancing life as a mum and as an aspiring singer.

“I find it really hard sometimes, lucky I have support around me like my mum and my partner’s family … It really really helps, I must say,” she told Te Karere.

Dougherty now aimed to win the Conkarah Aotearoa Quest for Kia Ora Girl competition which would secure her the opening act for Raggamuffin’s 10th anniversary, which will be it’s final concert.

“I want to share my music, that’s all I want to do really… share it freely and not have to worry about anything else but my music.”

Source: http://www.stuff.co.nz/entertainment/music/88590746/young-mums-voice-hits-a-chord-with-the-nation

Auckland law firm warning Canterbury homeowners of shoddy steel

An Auckland litigation firm is warning thousands of Canterbury homeowners their properties may have been built with shoddy steel mesh.

Adina Thorn Lawyers delivered letters to property owners this week asking them to express interest in a proposed class action against steel manufacturers.

Its move comes after the Commerce Commission told three companies, including Steel & Tube, that it will prosecute them over allegedly sub-standard mesh.

The firm identified properties built since 2012 on concrete floors reinforced with steel mesh as being at risk, but says it does not know if homeowners it contacted are affected.

Adina Thorn is experienced in running class actions, last year filing a $250 million civil lawsuit, involving about 1000 people, against cladding maker James Hardie.

Adina Thorn herself said about 2000 letters were posted to Canterbury homeowners, resulting in about 70 calls to her firm in one day.

Thorn said addresses contacted were based on territorial authority records of building consents and Christchurch City Council consent issues.

“Not every person that gets the letter will in fact have defective steel, but some of them will,” Thorn said.

The letter stated a guilty verdict was unlikely to mean financial compensation for homeowners.

“We’re just saying register if you’ve got an interest in this and we would take it from there,” Thorn said.

“We would look into them and see whether they could have steel from one of the relevant companies the Commerce Commission’s looking into or not.”

The city council had fielded between 30 and 40 calls regarding the letter.

It did not accept there could be thousands of properties built using non-compliant steel mesh.

Consenting and compliance general manager Leonie Rae said the issues raised in the letter were “nationwide” and suggested homeowners contact the Ministry of Business, Innovation and Employment and the Commerce Commission for advice on potential issues.

The council was confident its methods for checking the compliance of steel mesh were robust.

Thorn said her firm was seeing whether there was enough interest for a funder to pay for the action, which looked likely.

“Then we look at the viability owner by owner . . . We carry out a process to work out what the steel is and the merits of that claim.”

Source: http://www.stuff.co.nz/business/88572756/auckland-law-firm-warning-canterbury-homeowners-of-shoddy-steel

Former President George H.W. Bush and wife hospitalized

HOUSTON (AP) — Former President George H.W. Bush and his wife, Barbara, remain hospitalized in Houston, where he was in intensive care for pneumonia and she was being watched after complaining of fatigue and coughing.

The 92-year-old former president went into the ICU on Wednesday and underwent a procedure “to protect and clear his airway that required sedation,” family spokesman Jim McGrath said in a statement.

Bush was stable and resting comfortably at Houston Methodist Hospital, McGrath said.

The 41st president was placed in the ICU to address “an acute respiratory problem stemming from pneumonia,” McGrath said. He later told The Associated Press that doctors were happy with how the procedure went. Bush was first admitted to the hospital Saturday for shortness of breath.

“I don’t think there’s a whole lot of money to be gained betting against George Bush,” McGrath said. “We’re just kind of in a wait-and-see mode.”

McGrath said Barbara Bush, who is 91, had not been feeling well for a couple of weeks and decided “to take it out of committee and have the experts check it out.” He described the move as precautionary.

Physicians initially believed the former president would be released later this week following several days of treatment, but his stay has been extended, McGrath said. There is no timetable for his release.

Doctors want to see how the former first lady responds to treatment before allowing her to return home, he said.

The Bushes, who were married Jan. 6, 1945, have had the longest marriage of any presidential couple in American history. At the time of their wedding, he was a young naval aviator. She had been a student at Smith College.

After World War II, the pair moved to the Texas oil patch to seek their fortune and raise a family. It was there that George Bush began his political career, representing Houston for two terms in Congress in the late 1960s and early 1970s.

Bush, who served as president from 1989 to 1993, has a form of Parkinson’s disease and uses a motorized scooter or a wheelchair for mobility. He was hospitalized in 2015 in Maine after falling at his summer home and breaking a bone in his neck. He was also hospitalized in Houston the previous December for about a week for shortness of breath. He spent Christmas 2012 in intensive care for a bronchitis-related cough and other issues.

Despite his loss of mobility, Bush celebrated his 90th birthday by making a tandem parachute jump in Kennebunkport, Maine. Last summer, Bush led a group of 40 wounded warriors on a fishing trip at the helm of his speedboat, three days after his 92nd birthday celebration.

Bush’s office announced earlier this month that the couple would not attend Donald Trump‘s inauguration because of the former president’s age and health.

“My doctor says if I sit outside in January, it likely will put me six feet under. Same for Barbara. So I guess we’re stuck in Texas,” Bush wrote in a letter to Trump.

His son George W. Bush, the 43rd president, still expects to attend the inauguration and does not plan to travel to Houston, spokesman Freddy Ford said.

George Herbert Walker Bush, born June 12, 1924, in Milton, Massachusetts, also served as a congressman, CIA director and Ronald Reagan‘s vice president.

George W. Bush was elected president in 2000 and served two terms. Another son, Jeb, served as Florida governor and made an unsuccessful bid for the GOP nomination in 2016. Only one other U.S. president, John Adams, had a son who also became president.

Source: http://www.sfgate.com/news/texas/article/Former-President-George-H-W-Bush-and-wife-10867664.php

School uniforms: Good for kids or just another expense?

As the back-to-school date approaches, parents are reaching into their pockets to fork out for new kits.

It doesn’t stop with a shirt and pants anymore – most schools have seasonal uniforms, sports uniforms, and uniforms for different year levels.

In a recent survey, 88 per cent of parents said they were experiencing financial stress from having to buy school uniforms.

Uniforms are said to engender a sense of equality and belonging among students – even blur socioeconomic differences – but does it really matter what children wear to school?

David Bunnell, chief executive of uniform manufacturer NZ Uniforms said uniforms were a “wonderful opportunity for schools to present their brand and image” within their community.

Uniforms encourage pride and belonging – “imagine the All Blacks in just a plain black shirt”.

Bunnell said there was always a lot of emphasis on uniform price in January, but not on quality or longevity.

The father-of-five said he understands that paying a big lump sum at the beginning of the year can be difficult, but said it should be about value.

“Parents have an expectation of strength and durability … you get what you pay for,” he said.

People would be “pleasantly surprised” to hear that compared with ten years ago, uniforms prices are the same, if not decreasing, he said.

Catherine Rivers, the principal of St Mark’s School Catholic Primary School, agreed that having a uniform instilled a sense of school pride and community spirit in students.

St Mark’s, in the east Auckland suburb of Pakuranga, has a summer, winter, and sport uniform.

Rivers said she knows that it can be difficult to pay the initial costs if a student is new to school, but said uniforms “absolutely” save parents money in the long run.

“It takes the pressure off parents to keep up with the latest trends, so it’s not an one-upmanship.”

Rivers said the argument that uniforms hinder creativity and self-expression doesn’t take into account the outlets for creativity that schools can provide.

“Look at music, design and the arts – there is a lot of scope for individual behaviour,” she said.

MUFTI

Grace Hemingway is about to start year 10 at Western Springs College in Auckland, where students do not have a formal uniform.

Wearing mufti was nothing new to her, having done so in primary school – it was wearing a uniform while at intermediate that was different, she said.

“It was weird to wear the same things as everybody else.”

If anything, going back to wearing mufti at high school was stressful, she said.

“The night before I pulled everything out of my closet going through what to wear and was stressing out about it.”

That wore off quickly, she said, and now she “doesn’t really care about it anymore”.

Grace said sometimes kids get pulled up on what they wear, but mufti shows individuality – which is a good thing in her books.

Rangitoto College, New Zealand’s largest secondary school, offers both formal uniform and mufti.

There is a uniform for those in years 9-10, a senior uniform for years 11-12, and mufti for year 13 students.

Principal David Hodge said mufti is something that students look forward to, and is there to help transition them from secondary school to work or university.

Year 13 students value the opportunity to dress as individuals, and are reaching an age where they have the maturity to be able to deal with not wearing a uniform, he said.

“The first weeks they worry about what they’re wearing, but then they settle into their own niche and they don’t really care.”

WHAT PARENTS THINK

Tessa Rose’s daughter has been in mufti for the past eight years. Rose said she loves the fact that there is no major stress if something gets lost.

Now that her daughter is starting high school, Rose said she is finding it difficult.

“The cost of the uniform is almost crippling. I’m hoping she never grows and keeps it in good condition, otherwise I will need to take out a small mortgage to replace it.”

Uniforms can be good, but are “way too expensive for people who struggle”, Amanda Lee Coker.

“Mufti is better, but you have to set it to a standard, you want something that will only cost $30 and last two to three years rather than $100-400.”

Theodora Despotaki said uniforms allow for “one less social pressure” on kids who are already feeling conscious about their appearance.

Angela Reid said she thinks uniforms are great – but hated wearing one when she was at school.

“I remember being sent home to wash off mascara and lipgloss.

“I understand the rules now as a parent, but slightly disagree from a personal expression perspective,” she said.

Source: http://www.stuff.co.nz/national/education/88287494/school-uniforms-good-for-kids-or-just-another-expense